In the busy day-to-day lives of residents of Vermont, people forget how easily accidents can occur. The smallest mistake or malfunction can have disastrous consequences, especially when you are relying on the thing that goes wrong. Sadly, too many products are released to consumers without being adequately tested.
This negligence means that countless individuals every year are harmed by defective products. It may be a fault with your car, a home appliance or even one of your children’s toys. In some cases, these faults are little more than an inconvenience, but all too often, they result in serious injuries or worse.
In the wake of such an incident, the only recourse left to some is to seek compensation and justice for the tragic event. However, this can be a complex process and one that is difficult to face in the wake of a traumatic incident. Furthermore, there are time limits that must be adhered to, necessitating fast action.
Fortunately, you do not need to deal with all this on your own. The Vermont personal injury attorneys at Jarvis, McArthur & Williams have significant experience successfully representing clients injured as a result of a defective product. Contact us today at (802) 658-9411.
There is a duty of care owed to you by a manufacturer when a product is released to the public. Our lawyers may be able to help you if you decide to take legal action against an irresponsible manufacturer or claim an insurance payout for your injuries.
Each year in Vermont, all too many accidents are caused by defective products. Innocent people going about their day-to-day lives are often seriously injured or even killed using a product that should have been safe. Sadly, it can sometimes be difficult to prove that a fault with the product was responsible for the incident. Meanwhile, the victim is faced with a long recovery process and costly medical bills.
In many areas of law, fault is often dependent on a proof that the conduct of an individual or organization is responsible for an injury. However, in products liability cases things can be a bit different. This is because of the strict liability policy that holds the parties responsible for a given injury caused by their product, even if their conduct is not shown to be the cause of the incident.
Strict liability not only works to protect consumers but also to act as a form of encouragement to manufacturers by convincing them to make their products safer. There is a long way to go, but this is an important step toward a safer and more conscientious world for the next generation.
If you feel that your rights as a consumer have been breached, then you may benefit from the advice of our attorneys. We can weigh up your options and may be able to suggest the best course of action to take in order to acquire the remuneration you deserve, and rebuild your future.
What Must Be Proven In A Products Liability Claim?
We all use any number of different products that are critical to the smooth operation of our daily business. Household appliances, vehicles, children’s accessories, beauty products and even medicines all play an important part. But what happens when one of these products malfunctions or presents a danger to the person using it?
It is no secret that a defective product can be extremely hazardous or even fatal. A broken toy could choke a child, while a faulty vehicle could cause a devastating accident. Where medicines are concerned, they can cause extreme illness, permanent damage or even death. Whatever the product, the consumer relies on it being safe and on the manufacturer having verified that safety.
Sadly, all too often faulty products slip past the required checks and are released into the market. If you are harmed by such a product, your first thought might be to take legal action against those responsible. This is a perfectly reasonable thing to do and may enable you to claim some compensation for the harm done to you. In theory, all you need to do is show that you were harmed as a result of false representation or a defect of the product.
However, the manufacturer may attempt to deny the existence of any faults or even to suggest that the harm caused was the result of a mistake on your part. As such, you may benefit from the advice of our attorneys. We can evaluate the details of your claim and may be able to help you get your side of the story across and see that the irresponsible manufacturers are held accountable for their negligence.
Who Is Responsible In a Products Liability Suit?
So, what can you do if you are injured by such a product? One option may be to file a products liability lawsuit. However, if you choose to do this, how do you know who is liable? Multiple parties are usually responsible for the production and sale of a product and any and all of them might be implicated in your lawsuit. These may include the following:
- The retailer from which the product was purchased
- The product’s wholesaler
- The manufacturer of the product
- The manufacturer of any component parts of the product
- Any party involved in the installation or assembly of the product
However, there are exceptions. For example, for the suit to be valid, the product has to have been in the marketplace and sold from there at some point. However, in most states, the person injured need not be the one who purchased the product to be eligible for recovering damages.
Of course, such matters are rarely so simple and the advice of an attorney with our law firm could be useful if you plan to pursue a products liability suit. We can help you understand your rights and support you as you seek fair remuneration for your injuries.
Products Liability Claims the Vermont Personal Injury Attorneys At Jarvis, McArthur & Williams Handle:
- Defective medical devices
- Defective drugs
- Gas explosions
- Defective toys
- Defective Safety Equipment
- Defective Household Products
- Defective Machinery
It is important to act quickly after any accidental injury for the following reasons:
- Gathering evidence takes times and is best done immediately after an accidental injury, while the products involved are in the same condition they were in at the time of the accident.
- Eyewitness testimony is most reliable as soon as possible after an event.
- Statutes of limitations put a time limit on the development of a claim or lawsuit.
Please feel free to contact us at (802) 658-9411to schedule a free initial consultation.